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a rent of 61. or 77. will be less intelligent and more corruptible than his comparatively substantial neighbour who is at present at the bottom of the constituency. It is scarcely possible that bribery should fail to increase with the opening of a new market for the commodities which it affects. There is, however, more danger to be apprehended from popular ignorance and injustice than from the probable spread of pecuniary corruption. Mr. Bright has on many occasions pointed to financial changes as the fitting result of democratic changes, and his audacious demand that earnings should be privileged from assessment is but the first preliminary to a proposal for a large proportional increase of direct taxation. It is true that 6l. householders have no motive for modifying an impost from which they are entirely exempt; but every brawler who protests against the alleged inequality of the income-tax at a public meeting knows that the audience always takes part against the proprietors, who are erroneously supposed to be identical with the wealthiest class. Even in the present House of Commons only the enlightened minority understand the principle on which all kinds of incomes ought to contribute equally to the necessities of the country. Members elected by uneducated constituents will participate in their prejudices without sharing in their exemption from the tax. If the impost is once transferred to capital, there will be no limit to the extension of a burden from which the great body of the constituency is entirely relieved; but of five or six hundred thousand new electors, there will perhaps not be a dozen who pay tax on incomes of a hundred a-year. Those who dispose of their votes in tap-rooms and attorneys' offices have, for the most part, a direct interest in erasing Schedule D. from the fiscal system. The new Reform Bill will, to a great extent, place the power of raising and spending public money in the hands of those who are not conscious of any contribution to the national exchequer.

(From the Economist.)

But there is, probably, another and a better reason for the general and mistaken impression that is evidently entertained by the public as to the unimportant character of the new Bill. That Bill, as we said last week, has not and does not profess to have any principle or specific character of its own. It is simply an instalment yielded to the demands of the democratic party, and no doubt, when compared with the principle adopted by that party, the concession is not very great. If we are to assume implicitly that the final tendency of all liberal institutions must be to lodge the whole political power of the country in the hands of the working classes as constituting the numerical majority of the nation, no doubt the new Bill, though it is a step, is not a very long step in that direction. Unfortunately, it does not even claim to be judged by any other standard. There is in it no hint of any desire or intention to place a final limit to the progress of democratic tendencies. The best that it asks for itself is to be considered as the smallest concession which it would be of any use to make, the minimum price of a little quiet on the subject of constitutional machinery,-in short, the price of a truce with the democratic leaders. Thus considered, it is no doubt, an unimportant measure; if compared with the gigantic form of thorough-going democracy which we see faintly looming in the distance, it is but a dwarf at which no one is inclined to take alarm.

for fixing no limits to its indefinite extension,-for putting no bounds to a concession which, when stretched further and further, will end in wrenching all the representation out of the hands of the educated classes, as it has already done in such boroughs as Marylebone and the Tower Hamlets.

One of our readers, experienced in elections, thus writes :

Referring to your remarks on lowering the ownership franchise to the standard of the old 40s. freehold, permit me to remind you that the 40s. franchise does now exist in relation to property held to lifein fee-simple, and in fee-tail, and even holds, if possessed before the 7th June 1832, and likewise to lifeholds created since that time, if the voter be in the actual occupation, the only enlargement of the qualification to 101. by the Reform Act being in those cases where the parties, living it may be at a great distance from the county, obtained at a trifling cost what may be termed fictitious votes to the prejudice of the resident voters. With regard to the boroughs I agree with you that a household suffrage would be infinitely preferable to the 61. value. Houses of the same description differ so widely in value in various situations even in the same town, and much more so differ in towns the one with the other. The advantage of falling back for parliamentary purposes upon the municipal franchise, with some few amendments, would be very great, and much labour and expense would be saved in making one register do for both franchises. You may add the rating clause if you please, but I think that very objectionable. The rates for the most part are no standard of value. In various parishes, to my knowledge, the rates on houses have not been altered for a long series of years, and in many cases do not amount to a third of the real value of the houses. The inhabitants of the parishes agree between themselves, whilst, of course, adjusting their own contributions, to keep the poor-rates as low as possible, for according to the amount of the rateable value of the property is the contribution fixed in quarter sessions to be paid to the county stock. If the rating qualification be adhered to, I hope you will be able to make an exception in it with regard to the first registration. The parties to be enfranchised have not had any occasion to look after the rates so as to see that their names are properly inserted. Again, in most cases the landlords compound, and the tenants' names do not appear on the rates. Now, if no such exception be made, a very large number of the newlyenfranchised persons will be shut out from exercising their franchise at the next election. I feel this to be a very important matter, and therefore take the liberty of urging it upon your attention. The exception for the first registration would enable the enfranchised to exercise their franchise at the forthcoming election, and they would of course take care to demand to be rated so as to have complied with the statute by the succeeding registration. As doubts have arisen whether a house of the requisite value of and actually let for 10%. under the existing law, being assessed to the landlord in respect of the poor-rates, and which rates by agreement are paid by him, it would be desirable to put that question at rest by a proviso in the new Act, that a payment of rates by landlord should be considered as a payment by the tenant, whether the tenant's name appeared on the W. M. REES.

rate or not.

Haverfordwest, 7th March.

But if the provisions of the new Bill be considered in themselves, quite apart from the abandoned pro- THE LAW OF CHURCH-RATES. posals of former Governments, and from the demands THE Select Committee of the Lords reports that of the extreme party whom the present concession it appears from the evidence, that "by the comwill for a time, it is hoped, silence and conciliate-mon law-that is to say, by immemorial usage they will be found very far indeed from insig

nificant.

in this country-the parishioners are bound to repair the church, and to provide everything that is necessary for the decent performance of Divine service;" that by the Lords' judgment in the Braintree case, the law has been declared to be, that the rate is only assessable on the ratepayers by the vote of the majority of the vestry; and that it appears in evidence, that for the neglect to vote a rate there is no penalty at common law, and a great obstacle to the enforcement of a rate when made is, that a ratepayer summoned before the petty sessions for nonpayment may then proceed to dispute the validity or his own liability (53 Geo. 3, c. 127, s. 7), whereupon the justices must forbear to give judgment, and the churchwardens can only proceed in the Ecclesiastical Court.

We see, therefore, that in all these boroughs the newly-enfranchised class, even after making the reductions for unused qualifications, are likely to form more than one-half of the whole constituency-in Birmingham, in Sheffield, in Salford, in Wolverhampton, in Stockport, considerably more than onehalf-in Manchester and in Leeds very nearly onehalf of the whole constituency. Is it not, then, evident that in such places as these the working classes, properly so called, will have in the main the command of the representation under the provisions of the new Bill, if ever it should pass into law? It must be remembered that we have not selected carefully the above specimens, but that we have taken at hazard large manufacturing towns, where the artisans are known to live in considerable numbers, and where the rate of wages would certainly enable them to live in 67. houses. What we have shown to be true of these seven boroughs is no tion to the payment, as well as the impediments doubt true of most other manufacturing towns, properly so called,-that the newly-enfranchised class will have so much power as to be able to carry their own member, if they so choose. How, then, can it possibly be said that this measure is an insignificant one, if, instead of measuring it by the democratic standard, we measure it by the principle that the Bill ought to give some fair representation to the working classes? It will not only give them some fair representation, but will make them, we are disposed to think, a great power in the community. We find fault with the Bill, not for bestowing that power, but

The committee, viewing the grounds of objec

to validity, an appeal to the general quarter sessions, and a ceasing of the Ecclesiastical jurisdiction. The committee consider that the principle of assessing the owner instead of the occupier is deserving of serious consideration.

PRIVILEGED COMMUNICATIONS.

AN incident at the Durham assizes has revived a question more than once mooted in these pages. A Roman Catholic clergyman refused to reveal a statement made to him by a prisoner in confession. He was committed for contempt. Mr. Justice HILL could not do otherwise. Such is the undoubted law; but is it not a law that calls for alteration?

We protect communications made by a husband to his wife, by a client to his solicitor. The reason for this privilege is, that the relationship of the parties involves a moral obligation to secrecy, the breach of which would not be compensated by any advantages that could flow from compulsory revelations.

Surely it will not be denied that the religious obligation is as binding as the moral one. It may or may not exist in fact; but it is a fact that a very large portion of the community believes that it is a religious duty to confess their sins to their spiritual advisers, and of the remainder, nine-tenths find it to be a great relief and consolation to do 80. But if the spiritual adviser is bound to reveal the confessions so made, it is equivalent to prohibiting one class from the free exercise of their religious duties, and the other class from what is at least a harmless gratification.

And what is the operation of this rule? If it operates at all, it is not to facilitate the administration of justice, but to prevent the confession of sins. If there were a process by which a criminal could be compelled to confess to a clergyman, and then the clergyman compelled to reveal the confession, we should acknowledge the efficiency of such a law, although we should reprobate its tyranny. But inasmuch as confession is optional, and its revelation equally so, purpose, and exists only to outrage the feelings the law is practically worthless for any good of the public, and to make martyrs of clergymen who do their duty; for, whatever may be the text of the law, there is not a man among us who would not scout a clergyman who should reveal a confession made to him in his sacred office, and who would not endure any personal penalties to which his resistance might subject him. His duty to God's law in such a case is paramount to his duty to human law.

be at once removed by a short Act, declaring We trust, therefore, that this barbarism will communications made to clergymen privileged; and, like those of client to solicitor, it should be the privilege of the penitent and not of the minister.

The LORD CHANCELLOR should add this to the long and valuable series of amendments of the criminal law with which he has already adorned the statute-book.

THE PATENT WHEEL COMPANY.

ALTHOUGH not designed, we are informed that we did injustice to the King's Cross Patent Wheel Company in our notice of its prospectus. We are assured of the bona fides of the concern, and have received some particulars which it will be but fair to publish, to remove any unfavourable impressions that might have been made by our commentary, which, however, referred to general principles of company-making rather than to the particular case.

This company seems to be an exception to the general rule-that companies should be suspected which have been got up by inventors, or the proprietors of existing establishments, for the purpose of procuring them to be taken off their hands. The reasons for such suspicions are plain enough. Men do not usually part with businesses that pay them handsomely, and therefore, when we see them attempting to do so, we may fairly conclude, either that the business does not pay, or that to the collection, proposes that first, persons de- they expect an exorbitant price for it; and in sirous of exemption may give yearly notice to the either case it must be a bad bargain for the churchwardens prior to the vestry rate-meeting, company. Here, however, we are assured that and the persons shall not be entitled to attend the Direction is highly respectable, and every the vestry, or to act as churchwardens; secondly, director has invested at least 1000l. in the conthe rate, when voted, shall be levied on all who cern. The purchase was made, it is said, on have not given notice; thirdly, the items for which terms highly advantageous. The reason assigned a rate may be made be definitely declared by for the sale is undoubtedly a sufficient one, that law; fourthly, the ratepayers be rateable for their the capital required to work the patent was more own church only; fifthly, the same powers for re-than Mr. OXLEY could spare. And here let covery as in poor-rates, and in case of objections us remark, that this is a perfectly legitimate

reason for the formation of a company. Jointstock enterprise is designed and adapted only for great concerns, beyond the reach of individual capital; so that sufficient cause is shown in this case for the conversion of a private business into a company's business. Moreover, Mr. OXLEY received no cash, but only shares for the purchase, thus proving his own confidence in the prospects of the enterprise, and he had himself retired from business, and was living on his property-acquired in his business as a coachmaker.

NEW CASES ON MERCANTILE LAW. CONTRACT OF MARRIAGE.

IN Beachey v. Brown, 1 L. T. Rep. N. S. 479, a vain attempt was made by the defendant to subvert a well-established principle of law, viz., that nothing less than the fraudulent suppression or misrepresentation of a material fact can avoid a contract. The declaration was on a breach of promise of marriage, and the plea set up a previous engagement of the plaintiff to a third person existing at the time of the alleged contract, and the defendant's ignorance of it. On demurrer to the plea it was held bad, as not amounting to a fraudulent suppression of a material fact. COCKBURN, C. J. said: "If the old law had continued to exist, and the fact of a pre-contract had the effect of making void a subsequent marriage, it might have been a good answer and a sufficient reason for declining to carry out the contract; but that law being abrogated, the plea does not set forth any state of things that can have any effect on the contract itself, or show any good reason why it should not be carried out. There are a great many things a man might desire to have communicated to him, and yet the disclosure of such circumstancessuch as debts owing, excitability of temper, and other things which a man might well desire to be made acquainted with-would not form a ground for the noncompletion of the contract. It may be morally right that such things should be communicated to him, but he cannot excuse himself for a noncompletion of the contract on such grounds. Immorality, unchastity, &c., are sufficient to excuse him, and for good reasons; but there is nothing of that sort here"

The court in this case appears to have acted on substantially the same principles as those which guided them in Hall v. Wright, 1 L. T. Rep. N. S. 230. There the Court of Exchequer Chamber held that a dangerous illness of the defendant, which rendered him unable to marry without danger to his life, was no answer to the action. The judgment proceeded upon the principle that nothing less than the impotency of the man or woman, or than the unchastity or immorality of the woman, is a sufficient plea to an action for a breach of promise of marriage. In that case there was nothing to prevent the defen dant from performing the contract. So in Beachey v. Brown the pre-contract of the plaintiff was no reason why she could not legally marry the defendant, although in doing so she exposed him to an action from her discarded lover. But if the plaintiff, instead merely of concealing her engagement, had denied its existence if she had been asked about it by the defendant before the contract was made, then, as intimated by CROMPTON, J., "the case would have fallen undoubtedly within the ordinary principle of fraudulent suppression of a material fact, and there would have been a good defence to the action. As it was, the principle which governed the case was clearly the same as that which governs ordinary bargains and sales, where, if a purchaser choosing to judge for himself, does not avail himself of the knowledge or means of knowledge open to him or his agent, he cannot be heard to say that he was deceived by the vendor's representations, the rule being in such cases, caveat emptor:" (Chitty Cont. 588, 4th edit.) At the same time it must be noticed that this principle, which was clearly acted upon in Beachey v. Brown, is to be distinguished carefully from an analogous class of cases, e. g., insurances in which policies have been held to be void on the suppression of a material fact: (cf. Pasley v. Freeman and notes, 2 Smith L. C.; Wheelton v. Hardisty, 27 L. J. 241, Q.B., S.C.) But in Beachey v. Brown the suppression of the fact on which the plea rested was assumed not to be material; although perhaps it might have been rightly left to a jury whether it was so: (Wherthens v. Aberdeen, 2 M. &. W. 267.) STATUTE OF FRAUDS, SECT. 17-DELIVERY AND ACCEPTANCE.

Two recent cases have added to the accumulated confusions of two centuries on the construction

of this unlucky section. In Castle v. Sworder, 1 L. T. Rep. N.Š. 483, the agent of the plaintiffs had sold two puncheons of rum and one hogshead of brandy, in bond, to the defendant. The plaintiffs subsequently forwarded an invoice of the goods to the defendant, which was received and retained by him without remark. By the terms of the contract the goods were to remain with the plaintiff until the defendant should require them. They were marked off as belonging to the defendant. Subsequently the defendant requested the plaintiffs to sell the goods for him, and on this request being delivered he asked the defendant to buy the goods from him. This offer was also refused. An action was brought for the price, and the Court of Exchequer held that there had been no acceptance of the goods, and no evidence of any such acceptance by the defendant.

In Currie v. Anderson, 8 W. R. 274, the defendant purchased goods for the plaintiff, which were to be delivered on ship board. The bill of lading was sent to the defendant, but the goods were lost in the transit. The Court of Queen's Bench held that there was sufficient evidence to warrant a jury in finding that there had been an actual receipt and acceptance of the goods

within sect. 17 of the Statute of Frauds.

There can be little doubt that one or the other of these judgments, pronounced by two of the Superior Courts of co-ordinate jurisdiction within a few days of each other, is not law; for the premises in each case were substantially the same, although different conclusions were drawn from them. No reference was made in the later case, Castle v. Sworder, to Currie v. Anderson, and the cases on which Currie v. Anderson was decided were not noticed in Castle v. Sworder. In Currie v. Anderson there was somewhat stronger extrinsic evidence that the goods had been dealt with entirely according to the defendant's order than there was in Castle v. Sworder; but the difference was immaterial. The noticeable and singular conflict of judicial opinion is in the circumstance that in Currie v. Anderson the receipt and retention by the defendant of the bill of lading were held to amount to a constructive and sufficient acceptance of the goods; while in Castle v. Sworder the similar receipt and retention of the invoice by the defendant, coupled with his indisputable subsequent recognition of it, was held to create no such acceptance. As documentary evidence, a bill of lading and an invoice are identical; and, according to Currie v. Anderson, the receipt of, and acquiescence in such a document by a vendor is a statutory acceptance of goods; according to Castle v. Sworder, it is not. Which, then, of these two propositions is the more likely to be law? We submit that it is the doctrine of Currie v. Anderson. In Meredith v. Meigh, 22 L. J. 404, Q.B., CROMPTON, J. laid down the proposition, in which the other judges concurred, that "where the indicia of property have remained a long time in the disposition of the vendee... that has been held to amount to an acceptance by him." This case was not cited in Castle v. Sworder. Morton v. Tibbett, 22 L. J. 382, Q.B. supports this view; on the other hand, Hart v. Bush, 27 L. J. 270, Q. B., which does not appear to have been cited in either of the cases under consideration, fortifies Castle v. Sworder. In Hart v. Bush, which is, perhaps, quite identical with Currie v. Anderson, although quite opposed to it in principle, goods were sold to the defendant and shipped according to his order. The invoice was sent to the defendant, by whom it was kept without objection long after he knew that the goods had been lost on the voyage. The jury found that the defendant had accepted the goods; but the Court set aside the verdict, on the ground that there had been no acceptance in point of law. Strangely enough, the effect of the invoice in this case does not seem to have been considered by the court. In this conflict of authority, all that can be said with positive certainty is, that it is quite and distinctly uncertain on the cases whether anything short of an actual and personal acceptance and receipt of goods by a vendee is a binding acceptance under the 17th section of the Statute of Frauds.

LAW BILLS IN PARLIAMENT.

THE ATTORNEYS, SOLICITORS, PROCTORS

AND CERTIFICATED CONVEYANCERS. THE provisions of this Bill remedy the objections offered by us (Feb. 11), on the occasion of our analysis of the other Attorneys and Solicitors Bill, to the retrospective action of the latter in cancelling articles in certain cases without the consent of the

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and a B.A. or LL.B. of Oxford, Cambridge, Dublin, Graduate.-Sect. 7, 6 & 7 Vict. c. 73, is repealed, Durham, or London, or the Queen's University in Ireland, who after taking such degree, and either before or after this Act has served under articles three years, and been examined and sworn after that term, may be admitted and enrolled, and service of a year of the term with the London agent, either under a stipulation in the articles, or with the solicitor's permission, shall be good; and where any person has been bound for five years, he may after serving three before this Act, and after having taken such degree, in like manner as if he had been bound for three only, and been examined and sworn, and with the consent in writing (indorsed on the articles) of the solicitor to the determination of the articles, be admitted and enrolled; and when the consent has been given and acted upon, the articles shall be deemed to have determined as by effluxion of time: (2.)

Barrister.-A barrister who, before becoming such, has been bound for five years, or who, after ceasing in either case served for three in manner required for to be a barrister, has been bound for three, and has graduates, and been examined and sworn after the three years (in the first case, after he has ceased to be a barrister), may be admitted and enrolled provided that in the case of any such person who has ben bound for five years the term must be determined with consent as before provided: (3.)

Clerk.-A bona fide clerk to a solicitor for ten years, engaged during that time in solicitors' business, and who, before examination, shall produce satisfactory evidence of fidelity, honesty and diligence, as such clerk, and who either before or after this Act has been and sworn after that term, may be admitted and enbound and served for three years, and been examined rolled, service with the London agent, by stipulation or the solicitor's permission, being deemed good; and where any person has, before the passing of this Act, and at any time after, been a bona fide clerk for ten years, and been bound before this Act for five years, he may, after having served three years, and been examined and sworn, and with the consent in writing (indorsed on the articles) of the solicitor to rolled; and upon such consent given and acted upon the determination of the articles, be admitted and enthe articles shall be deemed to have determined as by effluxion: (4.)

University Examinants.-The Chief Justices and Chief Baron, with the Master of the Rolls, may by regulations direct that any persons having successfully passed any Oxford or Cambridge examination already established for non-students, or any other similar examination (to be specified in the regulations) hereafter established in any of the before-mentioned universities, or the matriculation examination there, enrolled, after having been subsequently bound, and or other similar examination, may be admitted and having served four years, and being examined and sworn after that term; and the said judges may revoke or alter the regulations, but not so as to allow less than four years: (5.)

67 Vict. c. 73, s. 6.-The section shall apply to the four years' service,

Registration. The articles, and also any assignment, within three months after enrolment and registration, under the 6 & 7 Vict., shall be produced to the registrar, who shall enter the names of the parties any), and the term of service, in a book, and shall to and date of the contract and of assignment (if mark the contract and assignment as entered, at fees of 58.; the book to be open to public inspection; and in case the articles and assignment be not so produced and entered within the three months, the clerk's service shall be reckoned from the production and entry, unless, upon application, one of the Superior Courts, or a judge, or a judge in Chancery, shall otherwise order: (7.)

General Knowledge.-The Chief Justices and Chief lations for the examination in such branches of Baron, with the Master of the Rolls, may make regugeneral knowledge as they think proper of all persons (not graduates or having successfully passed an University examination) hereafter becoming bound, and passed either before becoming bound or before adthe regulations may require such examination to be mission; and the judges may revoke or alter the rules, and may appoint the examiners; and no person required to pass such examination can be bound where the examination is required to be passed before being bound, or be admitted where it is required before admission, unless he previously obtain from

the examiners a certificate of having satisfactorily passed: provided that the said judges, or any of them, may, under special circumstances, dispense with compliance, entirely or partially, or under conditions: (8.) Examination during Articles.-The same judges may make regulations for the examination of persons hereafter becoming bound at any periods of their service, to ascertain their progress in knowledge necessary for rendering them fit and capable to act as solicitors, and such examination shall be conducted by the examiners appointed under the first-mentioned Act, or such other examiners as the said judges may appoint; and in the case of persons not passing such examination to the examiners' satisfaction, the regulations may postpone, either conditionally or otherwise, the examination required to be passed at the expiration of the term of service under articles and before admission: (9.)

Other Employment.-No articled clerk shall, during the term of service, hold any office or engage in any employment other than the employment of clerk in

tificate shall continue in force from the day of taking
effect until the next Nov. 15 inclusive, and no longer;
and any list, purporting to be published by the com-
missioners' authority, of attorneys who have obtained
stamped certificates for the current year on or before
Jan. 1, shall, until the contrary be shown, be evi-
dence; and the absence of a name shall be such
evidence that the person is not qualified; but in the
case of a person whose name does not appear, an
extract from the registrar's roll, under the hand of
the secretary of the Incorporated Law Society, or of
the registrar, shall be evidence as aforesaid of the
facts in the extract: (18.)

Neglect to renew.-In case of such neglect for a
year, the registrar shall not grant a certificate, except
under the order of the Master of the Rolls for a soli-
citor, and of a Superior Court or a judge for an at-
torney, who may direct the issue of the certificate,

upon terms.

STRIKING OFF THE ROLL-REGISTRATION.

ties, as well those granted before as after the Act, may be complete, the officers having the custody of the lists, in the Court of Chancery, the common law courts, the Duchy and the Palatine Courts, and the Common Pleas officer, with whom certificates of acknowledgment are lodged, so far as regards appointments now in force, shall transmit a list of the persons having such authorities and appointments to the registrar, who shall enter them in a book to be open for inspection: (29.)

MISCELLANEOUS-CERTIFICATED CONVEYANCERS.

Regulations.-Those authorised by this Act to be made by the Chief Justices and the Chief Baron, with the Master of the Rolls, may be made by any two of them jointly with the latter: (30.)

Other Persons.-The Act shall not prejudice any enactment enabling any person other than a solicitor to act in relation to any suit or proceeding: (31.)

Certificated Conveyancers.-After Oct. 31 next, the Inland Revenue Commissioners are not to issue in any year the stamped certificate to a member of one of the inns practising under the bar, until he has left

the solicitor's business, save as herein before and in the struck off, on the application either of the solicitor or with them an order of the benchers granting him per

first-mentioned Act provided; and every person, before being admitted, shall prove by the affidavit required under sect. 14 of the first-mentioned Act, that he has not held any office or engaged in any employment contrary to this enactment: (10.)

Examination before Admission.-This examination, under the first-mentioned and this Act, shall be deemed to include such examination touching fitness and capacity to act in matters of business usually transacted and performed by solicitors, as the examiners deem proper, subject nevertheless to any rules to be made under the first-mentioned Act: (11.) Palatine Courts.-No person hereafter bound to any attorney in either of the Palatine Courts can be admitted and enrolled in such court, unless, after the expiration of his term, he have been examined in like manner as required before admission in the Superior Courts or in the Court of Chancery, and the Palatine judges be satisfied by such examination or the examiners' certificates of his being qualified: (12.)

ROLLS-CERTIFICATES-REGISTRATION.

Rolls.-The officers having the custody of the solicitors' roll in the courts (including the Palatine Courts) shall, within seven days after the end of every term, transmit to the registrar a copy of the roll as to that term: (13.)

Mode of Stamp.-From the 15th Nov. after this Act, instead of the present separate annual stamped certificates issued by the Inland Revenue Commissioners, the stamp duties shall be denoted on the registrar's certificates; and upon such certificate being stamped accordingly, and the date of the payment of the duty being certified, the same shall be deemed the proper stamped certificate: (14.)

Amount of Stamp.-For determining the rate, the solicitor's place of business shall be deemed to be his residence; and after the said 15th Nov. the declaration to be delivered to the registrar, and also the certificate to be granted thereon, shall accordingly specify the place of business and be in the forms in the schedule: (16.)

Entry of Rule.-Where a name is ordered to be of another person, the rule shall, before being acted on, be produced to the registrar, who shall enter a note in connection with the name on the roll, and strike the name off, and mark the rule as having been entered: (20.)

All the Courts.-A name struck off the roll of attorneys of any of the Superior Courts by a rule of such court, or off the roll of solicitors of the Court of Chancery by an order in that court, shall, on production of an office copy of the rule or order, and an affidavit of identity, be struck off the roll of every other court in which the person is an attorney or solicitor; and in case the person be restored by the court in which his name was struck off, he shall, in like manner as aforesaid, be restored in every other court: (21.)

WRONGFULLY ACTING.

mission for that year to take out a certificate: (32.) Extent.-The Act is only to extend to England and Wales, save as otherwise provided: (33.)

Construction. This Act is to be construed with the 6 & 7 Vict.: (34.)

The Bill went through committee on the 13th, when Lord Cranworth carried a clause (12) to the effect that, where any of the periods for three, four, or five years, mentioned either in this Act or in the 6 & 7 Vict., be passed in the preceding term; and in or after the shall expire in any vacation, the examination may vacation, the Master of the Rolls, as to the Court of Chancery, and any one of the judges as to the comtowards the admission and enrolment of the person mon law courts, may do all acts necessary for or as provided in the last-mentioned Act.

CHARITABLE USES.

Any person acting as a solicitor, contrary to sect. 2 of the 6 & 7 Vict., or acting in his own or another The Bill recites the 9 Geo. 2, c. 36, and 9 Will. 4, person's name, in the Probate or the Divorce Court, c. 84, and the doubts whether, under the first Act, without being qualified, shall be guilty of a contempt, and be incapable of recovering any fee or disburse- copyholds can be assured for charitable uses, and the ment in the course of so acting, and shall also forfeit expediency of providing to remedy defects, obviate 50%, to be recovered by action, with the Attorney-difficulties, and as to enrolment, and enacts: General's sanction, in the name of the Incorporated Law Society, in a Superior or a County Court, and to be applied as fines for practising without a certificate are: (22.)

MAGISTRACY.

Sect. 33 of the 6 & 7 Vict., and so much of the 5 Geo. 2 as renders proctors incapable of being justices of the peace, shall be repealed, and no one shall be but such justice, or his partner, shall not, directly or disqualified by being an attorney, solicitor, or proctor; indirectly, act professionally in any criminal proceedings before any justice of assize or gaol delivery of the county of which he is such justice, or in any business before any justice of the county: (23.)

COSTS.

be or be not recovered for the same, shall carry interest at 4 per cent.: (24.)

Interest on Solicitor's Bill.-When the amount of a solicitor's bill, ordered after this Act to be taxed, or ordered before, where no allocatur or certificate has The Declaration.-It shall be made out and signed been made before the Act, and of the costs of the in duplicate, one to be delivered to the registrar and reference and taxation, when payable to the solicitor, the other to be produced to him, and the latter, with is not paid within three months of the date of the the certificate granted, to be left with the commis-allocatur or certificate, the amount, whether judgment sioners on applying to have the certificate stamped, and to be the note required by law to be delivered to entitle the solicitor to a stamped certificate; and for Interest on Costs in Chancery.-When a decree or the certificate issued by the registrar and the previous order is made for payment of previously taxed costs, search and inquiry there shall be paid five shillings, either in the same or another suit, and whether the which the said judges may diminish or increase, but certificate have been made before or after the passing not beyond ten shillings; and they may regulate the of the Act, the court or judge may order the amount, fees for the examinations under this Act: (16.) including the costs of taxation, to be paid with inEntry of time of stamping. For enabling the regis-terest at 4 per cent. from the date of the certificate: trar to enter upon the roll the time of stamping the certificate, the commissioners shall, when required, after Feb. 15 in any year, furnish to the registrar an account of the certificates issued between Nov. 15 and

(25.)

Lien.-The solicitor in any proceeding in court shall, in respect of such employment, unless the court or judge consider him not entitled, have upon the Jan. 2 preceding, specifying the names and places of property whatsoever recovered or preserved through business of the parties and the dates of payment of his instrumentality a charge for his taxed costs, the duties; or the commissioners, at their option, charges and expenses with reference to the proceeding; shall return to the registrar the aforesaid duplicate and the court or judge may make an order to give declarations, with a note on each specifying the date effect to the right, or that it ought not to exist; and of payment of the duty; and the registrar shall enter all acts and conveyances done or operating to such note as aforesaid; and every certificate stamped defeat the right shall, unless made to a bona fide purat any other time shall, within a month of the pay-chaser without notice, be void against the right: (26.) ment of the duty, be produced to the registrar, to make the entry and note; otherwise such last-mentioned certificate shall qualify only from the time of production: provided that the Master of the Rolls, as to a solicitor, and one of the Superior Courts or a judge, as to an attorney, may order a certificate not produced to take effect from the time of stamping: (17.)

Date and Determination-Evidence.-A certificate issued between Nov. 15 and Dec. 16 shall bear date Nov. 16, and take effect on that day, if stamped before Dec. 16; and Nov. 16 shall be deemed the date of payment of the duty; but a certificate not so stamped shall take effect on the day of stamping; and a certificate issued at any other time shall bear date the day of issue; and, subject to the provisions relating to certificates stamped after Jan. 1 in any year and not produced within a month to be entered, shall take effect on the day of stamping; and a cer

Lunacy Inquiry.-When the costs of a solicitor employed to prosecute or oppose a lunacy inquiry, or in any consequent proceedings, have not been paid in the lunatic party's lifetime, the Lord Chancellor or the Lords Justices may make and exercise the like orders and powers for taxation, and payment after the party's death, as they might in his lifetime: (27.)

AUTHORITY FOR OATHS AND ACKNOWLEDGMENTS—. REGISTRATION.

Future Authorities. Every authority granted after the Act to administer oaths in matters in a Superior Court, the Duchy or the Palatine Courts, or in Chancery, and whether to act in or out of England, and authority to take acknowledgments under the Fines and Recoveries Act, shall, before being acted on, be brought to the registrar, who shall enter the particulars in a book, and mark the authority as entered; the book to be open for inspection: (28.)

Existing Authorities.-That the register of authori

No assurance under which property is now held for a charitable use, or assurance to be made for a charitable use of hereditaments of any tenure, made respectively on a full consideration, before the making, paid or reserved as rent, or partly paid and partly Act, if the assurance has taken or shall take effect in reserved, without fraud, shall be void within the first possession, without power of revocation, and has been, six months before this Act, or shall be twelve rolled in Chancery: (1.), months after, or six months after the making, en

No assurance for a charitable use heretofore of hereditaments of any tenure, not made upon such full consideration as mentioned in sect. 1 of 9 Geo. 2, under which possession is now held for a charitable use, shall be void under that Act because not indented, or for want of witnesses, or of enrolment, or for a reservation of a nominal rent or an easement, or for covenants as to building, streets and roads, drainage, or nuisances, or as to the enjoyment of any neighbouring hereditaments of the donor, or a right of entry for nonpayment or breach, or a covenant of indemnity, or like stipulations for the donor's benefit, or (in the case of copyholds) for want of a deed, if the assurance has at any time been, or shall within twelve months after the Act be, enrolled in Chancery: (2.)

The like is enacted, without the condition of enrolment, as to such assurances hereafter to be made: (3.)

Where the uses of an unenrolled assurance of conveyance heretofore made, and under which possession is now held for such uses, have been declared by any other instrument enrolled in Chancery before this Act, such enrolment shall be deemed an enrolment of the conveyance; but if neither has been enrolled, the conveyance need not be enrolled, but it shall be void unless the other instrument be enrolled within twelve months after the Act, which enrolment shall be deemed an enrolment of the conveyance: (4.) The like provision as to future enrolment is enacted respecting future conveyances, the period being six months after the conveyance: (5.)

This Act is not to make void any assurance already good under the 9 Geo. 4, or to give effect to any assurance already avoided, or prejudice any suit for avoidance; and no assurance or instrument thirty years old shall, nor any heretofore executed, on proof to the clerk of enrolments that the grantor's acknowledgment cannot be obtained within twelve months from this Act, shall require acknowledgment: (6.)

The Act is not to extend to property in Scotland or Ireland; nor to make void dispositions for the Universities, or for Eton, Winchester, or Westminster, for the support of their foundation scholars: (7.)

BANKRUPT LAW (SCOTLAND) AMENDMENT. To amend the Bankruptcy (Scotland) Act 1856. This Act may be cited as "The Bankruptcy (Scotland) Amendment Act 1860:" (1.)

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: -Hall career to the Court of Session inon & mmmary petition by ⚫he or my suitor or jerunn within Mires months after ing an jest "ation hat 198 *. il se Bluestart you and that a majcety of the gosti vra Tumha mut raing pai 'e in Angland se Trand. he dination of le sankring 301 * Sher camera lie state inght to je tisteltest meter the awe of England se [rstand the songest ration naw herewallet or a juignane sex Janneer liat the bankerint, shall not be entitled to a thart ar pa int only a torog of cessio bonorum which appag may he granted in the sequestration without a wŋarate oEDCARE. The application for diashavua may be reineen, although two years have alanaod from the date of the sequestration, and no synearance or onnosition se made in the part of the Creditora if it appear from the accountant a report or other evidence that the bankrupt has fraudulently concealed any of his state or wilfully failed to comply with the Aet of Jan (23)

Interlocutors ander this Act are to be subject to review by the Court of Session: (6)

Ine Act of 1856 shail be construed with this Act: (5)

PARLIAMENTARY MEMORANDA OF

THE WEEK.
RGLAR 69 CURA
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Her eman tinents made, report 6th.
Mir 4- Gare Lumaien
Belf & Zashton Cajany ▼ Key in error.
My h
Bertin Rashovy (6 yang e. Beyon

668R OF COMMONL
Mr. Bank-inter #27.15 1.
Cours of Cuancay Min Cot la,. I. T., Feb. ; read frat
time aecond reading, „örà

Myrh 2 Becleatistical Commiten, BE to mend the Acta and the ket concerning the management se ¿gisenpai and Capitular Estates in ogland; orier xi to be brought in by Gen Lea's and Mr. Goog

March 15- Baniraptey and Inesivency Laws; petitions
for alteration, steading. Xoting) am, Coventry, London,
Tarmentă, Leteamer Dewich, Northampton and Norwich,
Bananaptey and Insolzaney: Bu. to amend and consolidate
the servof, in Englund e Attorney-General, Lord Jona
Revel and the Sobejtor GJETLOTA)) read 9:at time
Pankrapt Law Scotland, Aaendment Bili; second read-
Ing. Jari

Notes - Real Estates Transfer Bill the Attorney-General),

18th.

THE LEGISLATOR.
Imperial Parliament.

HOUSE OF LORDS.

VOLUNTEER CORPS-LIFE ASSURANCE, Lord WesaleYDALE asked leave to introduce a Billi to prevent the forfeiture of life policies by persons becoming members of volunteer corps. The LORD Chantresor expressed his approval of the Bull, which

was read a first time.

ROYAL ABSENT.

The Royal consent was given by commission to the following Pile: Conaglidated kand (467,94) Bin; St. Mary-in Rydal Marriage Validity Bill. The Lords Commissionera were—the Lord Chancellor, the Dake of Argyll and Lord Sydney.

HOUSE OF COMMONS.

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Mr. Bowyer rose to ask the Home Secretary a gestion regarding the committal of a Roman Catholic priest at the Durham auzea for relaxing to

statements made to him in confession.

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ent

What he wienert in zkva TAIT te
zen⚫leman who had seen sommittel 30 persen
hard seen met at liberty, and, if act, le sonid ike to
Know whether the Government v aid take steps that
ae might be immediatly inervet. G. C
Lewis said his knowledge of the case vu terimi -
etusively from the statement of the won. gentleman.
and from the reporte in the neN VIDETU
The ma
took place at Durham on Tiaralay ast, he prisoner
being indicted for stealing a vuch. A Roman
Catholic priest was callert i 1 witness and sworn
and on being asked from whom he received a pertain
watch, he declined to state, wierziona de jure
He
committed him to preon.
fr G C Levi
differed in opinion from the hon. gentleman, who
thought that the law of England priviegui a prest
from answering a question as to summunications
made to aim in eonfession. Any communication
a counsel or attorney and
especially in business to wilen a suit Piatei, was
pr.7.eged; 35 ao much privilege
raspent to a diery man of any tenominacion i a
anncian. He acorasended that the judge lad actei
with perfect legality in this instance, and le 5 Jeeted
from the resort that the question was presei by me
counse, and that, therefore, the judge hai 10 scien
sae in commit the Tex It won late Jean
competent for the counsel to wave the mestion, and
men was the practice in criminal cases in Iraiani,
#14 #ch nstances as that referred to were more
He had received no ansulcation am the
treat or from any ane in 8 benaif, and there re
le inferred that a report which had reached him was
true and that the priest had remained in rastady miya
lew minutes.——Mr. Ingaax core testimony to the
Wray saracter of the tergyman, ani said that ne
1ad mined to answer the fiestan smɔy 10 secsunt
if in amperasie consciencias 10jestica.
Imm
#1 de la leari de lat 166 :le least to the De
py. Zandeman was now released ——Sir F. KALLY
Imaging st Lasis had been establisted by a fecision of
the Excherer Chamber that wanaocations made
in sonlesen were not privlered He was Fa
eim, 26 wamer, that in this particular case the rev.
geneman had been released.

OFFICE OF ORCSER.

the

merisonment for feht, Insolvency being merged in
Then he had thought it right, he said,
norer & include nontraders, instead of the tech-
Tical acts which now zosticated bankruptcy, to sub-
sitate a few tiain and simple but unmistakeable
testa if neciency. The next great evil was the
manner in which the atministration of the law was
indet år. At present, the ive judges in the
Court of Bacamptcy amited the judicial and
administrative functions. Bat there was no
whatever for ive administrators, and
je posed to sw away the commissioners in
Condon atogether their salaries being continued to
hem. Ja matition that they should be prepared
to assist in cases of emergency), and to substitute
me judge, armed with the powers of a court of
equity and a cur: of common law, with correspond-
ng emolument. He then explained the provisions
fur ances from the country courts, the course of
prosedure, the taxing of evidence, and the examina-
Son of accounts. Be proposed that, in the London
fistret, were mould be an auxiliary or assistant
mart for mees in which the estates did not exceed
With respect to the country districts, he could
10C, he said, satisfactorily entrust this jurisdiction
in all ages, at present, to the judges of the County
Cears, and he proposed to empower her Majesty, by
rier in mcil, ta partei cat and make a new
arrangement and fistribution of districts, so that
there might be a gradial absorption of this jurisdic
con by the County Courts The Attorney-General
Den entered minutely into the subordinate provisions
und machinery of the Bull. It would provide, he said,
for cases in which creditors resorting to the Court
Banariply for any particular purpose, might
testre e the estate out of its hands, which
the creditors
a majority of three-fourths of
night to at any time, and make a private
arrangement. Is ruku provide for compositions

*Rangements. by enabling a debtor to issig is om perty to trustees by a deed that should be begstered in the Court of Backruptcy, the credi tors being placed in the same position as if the fentur lad been adjzigwi a bankrupt. After stating the provat os made for meeting the charges of the new system, be explized the modes of procedure that would be adopted fur the administration of the assets of a Jankript, the relative functions of the official assignes and the creditors' assignees, and the salanes of the former, which be proposed to fix st SOOC 4-year, with power to the jaize to augment Sirrtained the maximum of 13004 The criminal juristhe amount according to the work done, until it

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Sir A. AGNEW asked the Secretary of State for the Home Department whether it was the intention of her Majesty's Government to endeavour to carry through a measure embracing the subjects of bribery at elections, conveyance of voters, election anditers. and other matters lately referred to a select committee, simultaneously with the passing of the Reform i BiSir G. C. Lewis said he should not be in a position to state what course the Government meant to take in reference to the subject until the committee which had been appointed to inquire into it had made its report.

BANKRUPTCY AND INSOLVENCY.

criminal curs, the Commissioner in Bankruptcy fiction over bankrupts be proposed to leave to the being empowered to suspend the discharge of the deolar F. KELLY, Mr. JAMES, Mr. BOWYER, Mr. Mats, the SOLICITOR-GENERAL, Mr. BAZLET, and other members made remarks upon the proposed measure, and offered suggestions.—Leave was given to introduce the Bill.

SOLICITORS' JOURNAL.

NOTES OF NEW DECISIONS. JOINT TENANTS-TENDER.-B. and C. were let into possession of land as co-tenants under an agreement to give up possession at any time on payment of a fair equivalent for the crop. A tender to one of the co-tenants alone of compensa. tion for the crop was held to be a sufficient tender for the other, so as to enable the landlord to maintain ejectment: Luddiges v. Lister, 35 L. T. Rep. 548.)

The ATTORNEY-GENERAL moved for leave to bring in a B to amend and consolidate the laws relating to Bankruptcy and Insolvency in England. The COMMON LAW PRACTICE-INSPECTION OF real difficuly attending a reform of this part of our DOCUMENTS-Although profert and over are law arose, he observed, not from the intricacy of the subject, but because the ground was incumbered by aboushed, the court will, in the exercise of its the relies of former attempts at legislation. The common law jurisdiction, make an order compel result was, that no country had so bad a law as ours., ling a defendant who has referred in his pleadYet nothing ought to be more simple. All that was ings to a deed, to give the plaintiff inspection and required was a tribunal to ascertain the extent of the a copy of it: (Pennarth, ge- Rsuway Company 1. rights of those who were interested in the property | The Cardif Waterworks Company, 35 L. T. Řep. surrendered by the creditor, and a machinery for 551.) realising the property, and for its distribution among the persons entitled to it. Nevertheless, at present, the expense of a bankruptcy amounted to very nearly thirty-three per cent. of the assets of the debtor. He then proceeded to explain the alterations be proposed to introduce. He premised that he thought it desirable, for the present, not to abolish entirely imprisonment for debt. The first evil which called for a remedy was the monstrous anomaly of having two different modes of dealing with the estates of bankrupts and insolvents, and he proposed, following in the steps of high aathorities, to abolish entirely the distinction between the law of insolvency and of bankruptcy, to the pricat in confess. The judges told the priest and to make one law applicable to both. He prothat he was not asked to divalge anything communi- posed that every insolvent should be entitled to ented to him in confession, but he was only asked: present a petition to be adjudged a bankrupt; that, who gave him the watch, This appeared to be a die- | if he should be unable to bear the expense, he tinction witnost & Afsanes. The priest, however, I might be brought up and petition in forma was committed for contempt. He wished to say | pauperis, and that persons refusing to surrender nothing but what was rapecital to Mr. Justice Hill, their property should, after remaining in prison but he thought the matter was a mistake and for fourteen days, be adjudged bankrupts, and and oppressive tha, Is thought he Was war- be subject to the law. These three provisions would Tanted in maging that by the old common practically have the effect of abolishing a lengthened

During the trial of a prisoner a Roman Catholic print was called as a witness, and, on being asked from whom he received a certain watch, refused to Axway It was evident that if the priest had anwwayad the synaation he would have divulged the most material pirt of the confession, for when a person conferred a theft he was bound to make restitution of

the thing stolen; and the watch wax, no doubt, given

TAXATION OF COSTS.-After briefs prepared and notices of trial given, and three or four days before the commission day of the assize, defendant obtained an order to plead payment of money into court. Plaintiff replied that the sum was insufficient, and on the trial was nonsuited. The master allowed to plaintiff, on taxation of costs, four-fifths of the briefs, the whole copies of specifications, &c., but disallowed the notice of trial. It was held that, inasmuch as plaintiff would have prepared the same briefs and specifications if defendant had paid the money into court in proper time, the plaintiff was not entitled to these costs. Some of the comments of the court in this case on the principles that govern costs are well worth special notice, and we extract them here. Bramwell, B. said:—

Before mentioning the principle on which the master decided it, it may be as well that I should state what we consider the true principle upon which be ought to have acted; and I say, for my own part, I

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